Provisions on the Work of Enterprise Trade Unions (for Trial Implementation)

 2018-07-04  25


· Area of Law: Trade Unions

· Level of Authority: Group Provisions

· Date issued:07-06-2006

· Effective Date:07-06-2006

· Status: Effective

· Issuing Authority: All-China Federation of Trade Unions

 

Provisions on the Work of Enterprise Trade Unions (for Trial Implementation)
(Deliberated and adopted at the ninth plenary presidium meeting of the 14th Executive Committee of All-China Federation of Trade Unions on July 6, 2006)
Chapter I General Provisions
Article 1 For the purpose of strengthening and improving the work on enterprise trade unions and bringing into play the import role of enterprise trade unions in uniting and organizing the employees, maintaining the rights and interests of employees and promoting the enterprise development, these Provisions are formulated according to the Trade Union Law, the Labor Law and the Articles of Association of China Trade Union.
Article 2 Enterprise trade unions are the grass-roots organizations of All-China Federation of Trade Unions, important organizational and work foundations of trade unions as well as the representatives and advocators of lawful rights and interests of trade union members and employees of the enterprises.
Article 3 The enterprise trade unions shall be guided by Deng Xiaoping Theory and the important thoughts of “Three Represents”, implement the scientific view of development, insist on the basic guideline of relying on the working class whole-heartedly, take the socialist trade union development road with Chinese characteristics, fulfill the work policies of “forming the organization and effectively safeguarding rights”, unite and mobilize the employees to make contributions for the great goal of comprehensively building a well-off society.
Article 4 The enterprise trade unions shall focus on the production and business operation of enterprises, legally fulfill the basic responsibilities of maintaining the legitimate rights and interests of employees, coordinate the enterprise labor relationship, push the construction of harmonious enterprises, and promote the healthy development of enterprises.
Article 5 The enterprise trade unions shall, under the leadership of the CPC organization of their respective enterprises and the superior trade union, independently carry out the work according to the laws and their own articles of association, closely contact the employees, be concerned about the production and life of employees, be dedicated to serving the employees, and try to become a staff home with sound organization, effective maintenance of rights, active work, evident impacts and reliability.
Chapter II Organizations of Enterprise Trade Unions
Article 6 The enterprise trade union shall organize the employees to participate in the trade union and maintain the rights of employees to participate in the trade union.
Article 7 An enterprise with 25 or more trade union members shall establish a trade union committee. And an enterprise with less than 25 trade union members may separately establish a trade union committee, or may jointly establish a grass-roots trade union committee with such similar enterprises according to the region or industry. And the trade union fund examination committee and the trade union female employee committee shall be established simultaneously according to the relevant provisions.
If an enterprise trade union meets the requirements for legal persons, it can obtain the legal person qualification of social groups, and the trade union chairman shall be the legal representative.
Enterprise trade unions shall be protected by law, and no organization or individual may cancel any trade union working body or incorporate it into any other department.
An enterprise shall, at the time of restructuring, simultaneously establish and improve the trade union organization.
Article 8 The general member assembly or representative member assembly is the power agency of enterprise trade union, and shall be convened once or twice every year. A temporary member assembly may be convened upon proposal of the enterprise trade union committee or 1/3 or more members.
The representatives of representative member assembly shall be produced through the democratic election of members, and the member representatives shall be permanent, and their tenure shall be the same as that of the current trade union committee, and they may be reelected and serve another term.
An enterprise trade union with less than 100 members shall convene the general member assembly.
Article 9 The general member assembly or representative member assembly shall have the following authorities:
(1) deliberating and ratifying the work reports of the trade union committee;
(2) deliberating and ratifying the reports of the trade union committee on the incomes and expenses of funds as well as the work reports of the fund examination committee;
(3) electing the trade union committee and the fund examination committee;
(4) heeding the work reports of the trade union chairman and the vice trade union chairman, and carrying out democratic appraisal;
(5) changing or dismissing the representatives it has elected or the members of the trade union committee; and
(6) discussing and deciding other major problems with regard to the trade union work.
Article 10 The general member assembly or representative member assembly shall separately exercise authorities from the representative employee assembly or general employee assembly, and the two are not interchangeable.
Article 11 The enterprise trade union committee shall be elected by the margin election of the general member assembly or representative member assembly, and the election results shall be reported to the superior trade union for approval, and each tenure of trade union committee shall be three or five years.
A large-sized enterprise trade union may establish a standing committee upon approval of the superior trade union, and the standing committee shall be responsible for the daily work of the trade union committee, and any entity thereunder may establish its own trade union committee.
Article 12 The enterprise trade union committee is the permanent body of the general member assembly or representative member assembly, and shall be responsible for the general member assembly or representative member assembly, and shall be subject to the supervision of its members; and shall be responsible for the daily work when the general member assembly or representative member assembly is not in session.
Article 13 The enterprise trade union committee shall, according to the work requirements, establish relevant working bodies or special working committees and groups.
The number of full-time trade union staff members shall generally be not lower than 0.3% of the number of employees of an enterprise, and the specific number shall be determined upon negotiations of the superior trade union, the enterprise trade union and the enterprise's management personnel.
If the work requires and the funds permit, the trade union may hire its staff members from the general public, and establish a cadre team of both full-time and part-time staff members.
Article 14 The democratic centralism shall be implemented for the enterprise trade union committee, and the important issues shall be decided upon collective discussions.
Article 15 The enterprise trade union (standing) committee shall generally hold a meeting every quarter to discuss or decide the following issues:
(1) implementing the resolutions of the general member assembly or representative member assembly as well as the relevant decisions and work arrangement measures of the CPC organization and the superior trade union;
(2) submitting work reports to the general member assembly or representative member assembly, putting forward important requests for instructions and making reports to the CPC organizations and the superior trade union;
(3) making work plans and summary reports;
(4) putting forward suggestions to the enterprise for such important issues as the enterprise development and the rights and interests of employees;
(5) reporting the conditions about implementing the trade union fund budget and the important financial expenditures; and
(6) other issues that should be discussed and decided by the trade union committee.
Article 16 The production workshop or team of an enterprise may establish a trade union branch or team, and its chairman or director shall be produced through democratic election of its members, and shall be responsible for organizing labor union activities.
Article 17 A team of trade union activists shall be established so as to bring the role of trade union activists into full play.
Chapter III Basic Tasks and Methods of Activities
Article 18 The enterprise trade union shall assume the following basic tasks:
(1) implementing the resolutions of general member assembly or representative member assembly as well as the decisions of the superior trade union;
(2) organizing the employees to participate in enterprise democratic management and democratic supervision through the general employee assembly or representative employee assembly or other forms, and inspecting and supervising the implementation of the resolutions made at the general employee assembly or representative employee assembly;
(3) helping and guiding the employees to conclude labor contracts with the enterprise, and carrying out equal consultations and concluding the collective contract with the enterprise in regard to the labor remunerations, working hours, labor quota, rest and vacations, labor safety and health, and insurance and welfare, etc., supervising the performance of the collective contract, and conciliating labor disputes;
(4) organizing the employees to carry out labor contests, put forward rational proposals, conduct technical innovations, tackle technical problems, and carry out technical cooperation, inventions, job trainings, technical competitions and other popular economic and technical innovations;
(5) organizing the training, appraisal and praise of model workers, and taking charge of the daily management of model workers;
(6) carrying out ideological and political education of employees, organizing the employees to learn cultural, scientific and professional knowledge, enhancing the quality of employees, doing a good job in the causes of culture, education and sports for the employees, and conducting healthy cultural and sports activities;
(7) cooperating with and supervising the enterprise to do a good job in the labor remunerations, labor safety and hygiene, insurance and welfare, etc., supervising the implementation of relevant laws and regulations, participating in the investigation and treatment of labor safety and hygiene accidents, assisting the enterprise to do a good job in the collective welfare cause of employees, doing a good job in support of the employees in difficulty, doing practical and good matters and doing something to resolve tough issues for employees;
(8) maintaining the special interests of female employees;
(9) strengthening the organizational construction, improving the democratic life and doing a good job in the work relating to the membership management of employees; and
(10) doing a good job in collection, management and use of trade union funds, as well as the management of trade union assets and enterprises (public institutions) affiliated to the trade union.
Article 19 The enterprise trade union shall adhere to the massification, democratization and opening of trade union affairs. Any important matter involving the interests of members shall be discussed and decided by the general member assembly or representative member assembly; and the work plans, important activities and the incomes and expenditures of funds shall be subject to the supervision of employees.
Article 20 Diverse forms of trade union activities shall be carried out according to the willingness of trade union members and enterprise employees and by relying on trade union members and enterprise employees.
Article 21 In case the production time needs to be occupied for the trade union to hold a meeting or organize activities for the employees, the trade union shall solicit the consent from the enterprise in advance.
In case a part-time trade union committee member occupies production time or working hours to attend the meeting or engage in the trade union work within the legally prescribed time, his wage and other welfare treatments shall not be deducted.
Article 22 The activities of building staff homes shall be carried out and the system of appraising the building of staff homes by members shall be established so as to increase the coherence of the trade union and enhance the work level of the trade union.
The trade union shall promote the enterprise to take good care of its employees, and guide the employees to love their enterprise, so as to build an enterprise with harmonious labor relationship.
Chapter IV Labor Union Chairman
Article 23 An enterprise trade union with more than 200 employees shall have a full-time trade union chairman, and in case the person in-charge of the CPC organization at the same level simultaneously acts as the labor union chairman, the enterprise trade union shall have a full-time vice trade union chairman.
Article 24 Candidates for the trade union chairman of a State-owned, collectively-owned or State controlling, collective controlling enterprise shall be nominated upon negotiations by the CPC organization at the same level and the superior trade union after fully soliciting the opinions of members. The trade union chairman shall enjoy the same treatment as the deputy chairman or the deputy head of the enterprise at the same level, and if he is also a CPC member, he shall become a leading member of CPC organization at the same level. The full-time vice trade union chairman shall at least enjoy the treatment of the middle-level enterprise managers.
Candidates for the trade union chairman of a private enterprise, foreign-funded enterprise or enterprise invested in by Hong Kong, Macao or Taiwan investors shall be democratically recommended by the members, and be nominated upon approval of the superior trade union, or may be produced through recommendation of the superior trade union. The trade union chairman shall enjoy the treatment of deputy managers of the enterprise.
The chief manager or partner of an enterprise or any close relative thereof shall not be the nominees of the enterprise for trade union committee members.
Article 25 The trade union chairman or vice chairman may be directly elected by the general member assembly or representative member assembly, or may be elected by the enterprise trade union committee. In case the position of trade union chairman is vacant, the by-election shall be timely conducted according to democratic procedures.
Article 26 The trade union chairman shall meet the following requirements:
(1) having firm political stand, and loving the trade union work;
(2) having the corresponding educational background as well as legal, production and business management knowledge for the performance of duties;
(3) having a democratic work style, keeping closely with the employees and being dedicated to serving members and employees; and
(4) having a fairly strong ability to coordinate the labor relationship and organize activities.
Article 27 The enterprise trade union chairman shall have the following authorities:
(1) being responsible for convening the conferences of trade union committee, and taking charge of the daily work of trade union;
(2) participating in the meetings involving practical interests of employees or important matters about enterprise production or business operation, reflecting the willingness and requests of employees, and putting forward the suggestions of the trade union;
(3) representing and organizing, as the chief representative of employees, the employees to conduct equal consultations with the enterprise and conclude the collective contract;
(4) representing and organizing the employees to participate in the enterprise democratic management;
(5) representing and organizing the employees to supervise the enterprise's implementation of laws and regulations on labor safety and hygiene and to request the enterprise to correct the acts against the legitimate rights and interests of employees or trade union;
(6) acting as the director of labor dispute mediation committee, and taking charge of the work of the enterprise labor dispute mediation committee;
(7) reporting important information to the superior trade union; and
(8) taking charge of trade union assets and funds.
Article 28 According to the legal provisions, the chairman or vice chairman of enterprise trade union shall not shift his job at will within his tenure, and in case he needs to shift his job as required, it shall be subject to the approval of the trade union committee at the same level and the superior trade union.
The dismissal of chairman or vice chairman of enterprise trade union shall be discussed at the general member assembly or representative member assembly, and the chairman or vice chairman shall not be dismissed unless half or more of all the members of the general member assembly or all the representatives of the representative member assembly consent to the dismissal by secret ballots.
From the day when the full-time trade union chairman, vice chairman or committee member takes the post, the period of his labor contract shall be automatically extended, and the period extended shall be equal to his tenure. From the day when the part-time trade union chairman, vice chairman or committee member takes the post, if the period of his unperformed labor contract is shorter that his tenure, the period of his labor contract shall be automatically extended until his tenure expires, except that he makes any serious negligence or reaches the mandatory retirement age during his tenure.
Article 29 The newly appointed chairman or vice chairman of enterprise trade union shall, within one year, participate in the appointment qualification or vocational training as held by the superior trade union.
Chapter V Work Mechanism and System
Article 30 The enterprise trade union shall assist and guide employees to conclude labor contracts, represent employees to consult with the enterprise to determine the main contents and conditions of the labor contract text, provide legal and technical consultancy and services for employees to conclude labor contracts; and supervise the enterprise to conclude labor contracts with all the employees.
In case the enterprise rescinds any employee labor contract against laws, regulations or stipulations in the contract, the trade union shall put forward suggestions and require the enterprise to notify the treatment results to it in writing. The trade union shall put forward the suggestion of consent or denial to the economic layoff of the enterprise in advance.
The enterprise trade union shall supervise the enterprise and guide employees to strictly perform labor contracts, and urge the enterprise to correct the acts against labor contracts.
Article 31 The enterprise trade union shall carry out equal consultations with the enterprise, and conclude the collective contract and other special collective contracts on labor remunerations, labor safety and hygiene, and protection of special rights and interests of female employees, etc.
The enterprise trade union shall take such issues as labor remunerations, working hours, labor quota, insurance and welfare, labor safety and hygiene, etc. as the important contents for negotiations.
The trade union shall choose the employee representatives for negotiations according to democratic procedures, and may entrust professionals other than those of its own enterprise as the employee representatives for negotiations, however, such professionals shall not exceed 1/3 of the total number of representatives for negotiations of its own side.
As to a region with many small-sized enterprises, the superior trade union may directly represent employees to conduct equal negotiations with corresponding enterprise organizations or enterprises, and conclude regional or industrial collective contracts or special collective contracts.
As to an enterprise with many employees dispatched by labor force company, the trade union may conclude the collective contract upon joint consultations with the enterprise and the labor force company.
Article 32 In case an enterprise fails to response within 20 days after the trade union sends out a written offer for collective consultation, the trade union may request the superior trade union for coordination; and in case the enterprise refuses the collective consultation without any justifiable reason, the trade union may request the people's government at or above the county level for ordering the enterprise to make correction and for treatment; and in case the enterprise violates the stipulations in the collective contract, the trade union may require the enterprise to assume liabilities.
Article 33 The enterprise trade union is the working body of representative employee assembly or general employee assembly, and shall be responsible for the daily work of representative employee assembly or general employee assembly.
The representatives of representative employee assembly shall be produced by the democratic election of employees. The employee representatives in the front line shall not be less than 50% of the total number of employee representatives in the representative employee assembly. The proportion of representatives of female employees and minority nationality employees shall generally not be lower than the respective proportion of female employees and minority nationality employees in the enterprise, and an enterprise with many migrant workers shall arrange corresponding representatives for migrant workers.
Article 34 The representative employee assembly or general employee assembly of a State-owned or State holding enterprise shall have the following authorities:
(1) heeding and deliberating the important decisions on production and business operation, work safety, reorganization and restructuring of the enterprise, as well as the reports on opening of factory affairs and performance of collective contracts, and putting forward proposals and suggestions;
(2) deliberating and adopting the collective contract draft and the employee relocation scheme for enterprise restructuring, consenting to or rejecting through examination the important matters and the rules and systems of the enterprise that involve the practical interests of employees;
(3) deliberating and deciding the important matters regarding the welfare of employees;
(4) conducting democratic deliberation of and supervision over the management staff at or above the middle level, and putting forward suggestions for awards, punishments, appointments and dismissals;
(5) exercising the right to vote according to law; and
(6) other rights as prescribed in laws or regulations.
The representative employee assembly or general employee assembly of a collectively-owned (joint-stock) enterprise shall have the following authorities:
(1) formulating and revising the articles of association of the enterprise;
(2) electing and dismissing the business management staff of the enterprise;
(3) deliberating and deciding the business management and important matters such as the merger, split-up, modification and bankruptcy of the enterprise;
(4) supervising the enterprise to implement the laws and regulations of the State on labor safety and hygiene, and the opening of factory affairs, as well as implementing the resolutions of representative employee assembly, etc.; and
(5) deliberating and deciding the important matters regarding the welfare of employees.
The representative employee assembly or general employee assembly of a private or foreign-funded enterprise or an enterprise invested in by Hong Kong, Macao or Taiwan investors shall have the following authorities:
(1) heeding the development plans and annual plans of the enterprise, as well as the reports on production and business operations, etc.; and putting forward proposals and suggestions;
(2) deliberating and adopting the schemes involving the practical interests of employees and other important matters, the important rules and systems of the enterprise, as well as the drafts of collective contracts, etc.;
(3) supervising the enterprise's implementation of laws and regulations of the State on labor safety and hygiene, opening of factory affairs, performance of the collective contract, implementation of the resolutions made at the representative employee assembly, payment of social insurances for employees, and punishment and dismissal of employees, etc.; and
(4) other rights as prescribed in the laws, regulations, policies or the rules and systems of the enterprise, as empowered by the enterprise or determined through collective consultation.
Article 35 The representative employee assembly or general employee assembly shall not be held until all the employee representatives or 2/3 or more of all the employees attend it. The method of secret ballots shall be adopted for the representative employee assembly or general employee assembly to conduct the election or make important resolutions or decisions, and any decision shall be adopted by half or more of all the employee representatives or all the employees.
The trade unions of small-sized enterprises may jointly establish a regional or industrial representative employee assembly to solve common problems involving the interests of employees of this region or industry.
A corporate enterprise shall not replace the general (representative) employee assembly by the general (representative) shareholder assembly.
Article 36 The enterprise trade union shall urge the enterprise to establish and regulate the system of factory affaires opening, and different types of enterprises may, according to their own actual situation, determine the specific contents for factory affaires opening.
Article 37 In the case of a corporate enterprise that has established the board of directors and the board of supervisors, the trade union shall urge the enterprise to establish the system of employee directors and employee supervisors.
The employee directors and employee supervisors shall be nominated by the enterprise trade union and be produced through democratic election of the representative employee assembly or general employee assembly, and shall be responsible to the representative employee assembly or general employee assembly. The chairman and the vice chairman of enterprise trade union shall generally be the nominees for employee director and employee supervisor respectively.
Article 38 A labor and law supervision committee shall be established, and a trade union labor and law supervision committee shall be established for an enterprise with a small number of employees, so as to supervise the enterprise's implementation of labor laws and regulations on labor remunerations, labor safety and hygiene, working hours, rest and vacation, protection of female employees and minors, and insurance and welfare, etc.
Article 39 A labor protection supervision and inspection committee shall be established, a trade union group of labor protection inspectors shall be established in the production team or group. And such systems as trade union supervision and inspection, filing and tracking of major hazards and occupational hazards, and tip-offing by the general public, etc., as well as the work responsibility system of trade union labor protection shall be established and improved. The enterprise trade union shall participate in the investigation and treatment of work-related injuries and casualties and other problems seriously endangering the health of employees, cooperate with and urge the enterprise to fulfill its rights to obtain information, to participate, to supervise and to take an act of rescue in the aspects of employees' work safety as empowered by the laws, and carry out the work safety-related activities among the general public.
The enterprise trade union shall, according to the laws and regulations of the State, supervise the work conditions as well as safety and hygiene facilities as designed, constructed and used simultaneously with the principal project in the new constructions, expansion of constructions or technical reconstruction by the enterprise.
In case the enterprise trade union finds that the enterprise conducts illegal direction, forces workers to work in danger, or finds that there is any clear major hazard or occupational hazard in the process of production, it shall put forward proposals for solution; and in case the trade union finds any circumstance endangering the life safety of employees, it has the right to organize the employees to leave the hazardous site.
Article 40 An enterprise labor dispute mediation committee shall be established, and be composed of the representatives of employees, enterprises and trade union. Its working body shall be established under the enterprise trade union. The number of representatives for employees and trade union shall not be less than 2/3 of the total number of the members of mediation committee.
A labor dispute early warning mechanism shall be established so as to exercise the early warning functions of the labor dispute mediation organization; and a system of enterprise labor dispute information members shall be established so as to do a good job in anticipation, forecast and prevention of labor disputes.
In case there is an accident of shutdown or slowdown in an enterprise, the trade union shall actively coordinate with the enterprise or relevant party, reflect the opinions of employees and put forward suggestions for solution, cooperate with the enterprise to do a good job and resume the production and business order as soon as possible.
Article 41 The enterprise trade union shall help the employees in difficulty in the aspects of life, medical aid, children schooling, and carry out the mutual help between employees, etc. The enterprise trade union may establish a fund for help and support of employees in difficulty if conditions permit.
Chapter VI Work on Female Employees
Article 42 In case an enterprise trade union has 10 or more female members, it shall set up a trade union female employees committee; and in case there is less than 10 female members, it shall set up female employees commissioners.
The female employees committee shall carry out the work under the leadership of the enterprise trade union committee and the trade union female employees committee at the next higher level.
The director of female employees committee shall be the female chairman or female vice chairman of the enterprise trade union. In case there is no female chairman or female vice chairman in the enterprise trade union, the director of female employees committee shall be the trade union female employees commissioner meeting corresponding requirements, who shall enjoy the same treatment as the vice trade union chairman at the same level.
The tenure of a female member of employees committee shall be the same as that of trade union committee members at the same level.
Article 43 The female employees committee shall maintain the legitimate rights and interests of female employees, and focus on the special interests of female employees during the periods of catamenia, pregnancy, confinement and breast feeding and for their labor taboos, safety and hygiene, and maternity insurance, etc.
Article 44 The female employees committee shall regularly study the issues involving the special interests of female employees, report the work to the enterprise trade union committee and the female employees committee at the higher level, and submit important issues to the representative member assembly or general member assembly for deliberation.
Article 45 The enterprise trade union shall provide necessary funds for the female employees committee to carry out the work and activities.
Chapter VII Trade Union Funds and Assets
Article 46 The trade union shall urge the enterprise to appropriate the funds at 2% of the total amount of wages of all the employees to it on a monthly basis, provide necessary facilities, places and other materials for the trade union to handle official business and conduct activities.
Article 47 The trade union shall open a separate bank account, manage and use its funds and membership fees by itself. The trade union funds and membership fees shall mainly be used for serving employees and conducting trade union activities.
Article 48 The trade union shall urge the enterprise to pay the expenses necessary for the education and training of employees, labor protection, labor contest, technical innovation, recuperation and recreation of employees, subsidies for employees in difficulty, and enterprise cultural construction as carried out by the trade union together with the enterprise.
Article 49 The examination committee of trade union funds shall carry out the examination of and supervision over the incomes and expenses of trade union funds as well as the assets management on behalf of the members.
The trade union shall establish a system of funds budget, final accounts, examination and supervision, and the incomes and expenses of funds shall be subject to the examination of the examination committee of trade union funds as well as the audit of the superior trade union, and be regularly reported to the general member assembly or representative member assembly.
Article 50 The enterprise trade union funds and properties as well as the real estate appropriated by the enterprise to the trade union shall be protected by law, and no entity or individual may encroach on, misappropriate or illegally transfer them.
In case an enterprise trade union organization is merged, its funds and properties shall be owned by the trade union upon merger, and in case the trade union organization is cancelled or dismissed, its funds and properties shall be disposed by the superior trade union.
Chapter VIII Trade Union and the CPC Organization and Management Department of the Enterprise and the Superior Trade Union
Article 51 The enterprise trade union shall accept the dual leadership of the CPC organization at the same level and the superior trade union, and the priority shall be given to the leadership of the CPC organization. In case an enterprise has not established the CPC organization yet, its trade union shall be subject to the leadership of the superior trade union.
Article 52 The enterprise trade union shall have the equal legal status with the management department of the enterprise, and they shall respect and support each other, conduct equal cooperation and jointly work for the development of the enterprise.
The enterprise trade union may establish a coordination and communication system with the enterprise through the joint conference, democratic procedure conference, democratic consultation conference, and labor and management talks, etc.
Article 53 The enterprise trade union shall support the enterprise to exercise the management right according to law, mobilize and organize the employees to complete production and business tasks.
The enterprise trade union shall urge the enterprise to separately withdraw the fees for education and training of employees and the fees for awards to labor contests at 1.5-2.5% and 1% of the total amount of employee wages, and shall also strictly manage and use the said fees.
Article 54 The management department of an enterprise shall support the trade union to perform its duties and create necessary conditions for the trade union to carry out its work.
Article 55 The superior trade union shall be responsible for guiding and serving the enterprise trade unions at the lower level, and provide the services in the aspects of law, policy, information, training and membership preferential treatment, etc. for the enterprise trade unions to carry out the work, and help the enterprise trade unions to solve difficulties and problems encountered in the work.
When an enterprise trade union encounters difficulties when fulfilling duties, it may request the superior trade union to perform its duty of maintaining rights on its behalf.
Article 56 The local trade union at or above the county level shall establish a special fund for protecting trade union cadres, so as to guarantee the legitimate rights and interests of enterprise trade union cadres. The sources of funds shall be arranged from the funds of the trade union at the same level, or may be raised through many other channels.
A responsibility system of protecting enterprise trade union cadres by the superior trade union shall be established. In case any enterprise trade union cadre is retaliated against or is subject to unfair treatment or has special difficulties due to his fulfillment of duties, the superior trade union shall provide protection and help to him.
The superior trade union may, upon negotiations with the trade unions and the management departments of the enterprises, offer proper subsidies to part-time cadres of enterprise trade unions.
Article 57 The superior trade union shall establish an assessment and incentive mechanism for enterprise trade union cadres, and grant praises and awards to the trade union cadres who have fulfilled duties according to law and made outstanding achievements.
In case the trade union chairman or vice chairman fails to fulfill duties, the superior trade union shall order him to make correction; and if his circumstances are serious, the trade union may put forward a proposal of dismissal, and dismiss him according to the relevant provisions.
Chapter IX Supplementary Provisions
Article 58 These Provisions shall be applicable to the trade unions of all the enterprises and the public institutions implementing the enterprise management within the territory of the People's Republic of China.
Article 59 The power to interpret these Provisions shall remain with the All-China Federation of Trade Unions.
Article 60 These Provisions shall come into force as of the date of promulgation.